Things have changed here.....

[wicho661]

We should all open a bunch of tunnels.

[LX1]

A tunnel with all autopian members in it. It would be a drive through paint correction facility. Man the noise of rotaries and orbitals would be deafening.

[brwill2005]

Good luck enforcing a no-compete when it`s the only skill that person has.

You always have something negative to say. You are just a BIG hater. Get a life and stop challenging everything everyone else does. What have you done other than run a shop 15 years ago in Michigan? What difference does it make what skills a person has or doesn`t have. If it is worded properly it can be enforced legally.

[brwill2005]

Good luck enforcing a no-compete when it`s the only skill that person has.

I guess you are also a law expert, in addition to being a business expert.

[David Fermani]

I guess you are also a law expert, in addition to being a business expert.

Why do you constantly feel the need to take cheap shots at me Brad? I almost find it somewhat flattering and pathetic at the same time.



When I post something, I speak from direct experience from my many years of running a successfully thriving detail business as well as my extensive knowledge/background in multiple areas of the automotive industry. In regards to Non-Compete agreements, I’ve completed several. Both with the people that worked for me and with the individual to whom I sold my business to for a very generous amount. I had my Attorney draft and explain the limitations of them and how they are realistically enforceable. I also had a close friend unsuccessfully fail at his attempt at enforcing the one his company had in place. Case in point, my friend was a distributor for a very large auto detailing chemical manufacturer. He had an employee he hired to cover his route that he could no longer take care of. They had a non-compete contract drafted by their corporate Attorney. This person, after many years with this company, left to go work for another large auto detail chemical distributor which consequentially was a direct competitor of my friend’s company. They filed suit for money damages and an injunction to cease and desist. Ultimately, the judge decided that this agreement was too broad and it blocked this person from earning a living seeing that he had worked within this segment for most of his professional life. Just because you have a contract in place, doesn’t make it enforceable. You can try, but that might mean gambling away 10’s of thousands of dollars. It might not be worth it in the detailing world. Don’t you think??

[Jean-Claude]

I have done a lot of research(through the last 7 years) on non-compete contracts, as well as right-to-work laws....which are very important.



I am not trying to educate you David but just putting this out there for others.



What David is saying is correct. At the same time there is a place for NCC`s and they can be enforceable. There is a limit on how broad the NCC can be and that is where a lot of them become void or illegal. From what I have read, once you make one portion of a NCC void, the whole sucker is now fire tender.



You`d best understand them before you try to employ one into your business practices. I can say the best thing they are is a deterrent. If your employee/sub doesn`t have the sense to research them or have a lawyer look at it, they may be scared to test the limits of it. For every 1 employee/sub that finds a loop-hole, you will have 9 that are scared to even think about it.

Why do you constantly feel the need to take cheap shots at me Brad? I almost find it somewhat flattering and pathetic at the same time.



When I post something, I speak from direct experience from my many years of running a successfully thriving detail business as well as my extensive knowledge/background in multiple areas of the automotive industry. In regards to Non-Compete agreements, I’ve completed several. Both with the people that worked for me and with the individual to whom I sold my business to for a very generous amount. I had my Attorney draft and explain the limitations of them and how they are realistically enforceable. I also had a close friend unsuccessfully fail at his attempt at enforcing the one his company had in place. Case in point, my friend was a distributor for a very large auto detailing chemical manufacturer. He had an employee he hired to cover his route that he could no longer take care of. They had a non-compete contract drafted by their corporate Attorney. This person, after many years with this company, left to go work for another large auto detail chemical distributor which consequentially was a direct competitor of my friend’s company. They filed suit for money damages and an injunction to cease and desist. Ultimately, the judge decided that this agreement was too broad and it blocked this person from earning a living seeing that he had worked within this segment for most of his professional life. Just because you have a contract in place, doesn’t make it enforceable. You can try, but that might mean gambling away 10’s of thousands of dollars. It might not be worth it in the detailing world. Don’t you think??

[David Fermani]

What David is saying is correct. At the same time there is a place for NCC`s and they can be enforceable. There is a limit on how broad the NCC can be and that is where a lot of them become void or illegal. From what I have read, once you make one portion of a NCC void, the whole sucker is now fire tender.



You`d best understand them before you try to employ one into your business practices. I can say the best thing they are is a deterrent. If your employee/sub doesn`t have the sense to research them or have a lawyer look at it, they may be scared to test the limits of it. For every 1 employee/sub that finds a loop-hole, you will have 9 that are scared to even think about it.

Thanks JC - I totally agree wiith you and glad you have done your research.

[GatorJ]

Good luck enforcing a no-compete when it`s the only skill that person has.

That`s not the issue.





F.S. §542.335(1)(g).



... a court:



1. Shall not consider any individualized or other economic hardship that might be caused to the person against whom enforcement is sought.

[David Fermani]

That`s not the issue.

Then tell me what is.

[justin30513]

When David speaks, I listen.



I know of his background and he would never said anything just to hear (or see) himself speak.

[justin30513]

I`m not really worried about an employee leaving and competing with me. There have been 4 that I know of in my area that have their whack at mobile detailing. All four have failed. They only started this as a side business and when an hourly job became available again, they left. None were consistent at showing up on time and performing the work that I could. Not one of my customers left me for any of them either. Mine are pretty loyal to me.



In fact, there are now 3 stand alone detail shops in my area.....including a tunnel wash...... and I`m busier now than ever. This week....four days worth...I`ve done 32 wash and shines (I raised the price to 25.00 from 20.00), 3, 26 foot campers, 3 houses, and 2 decks. And yes, I`ve had help from my brother in law and have been working 10 hour days.

[vtec92civic]

things are looking very good for you Justin. That`s awesome man!

[justin30513]

Thanks. It`s just hard work. Who would have guessed that this low price point would open up new customers and old one, to new services?



A good definition of luck is..."when preparation meets opportunity."

[GatorJ]

When David speaks, I listen.



I know of his background and he would never said anything just to hear (or see) himself speak.

Not on this one. There is a statute that I cited above that is specifically contrary to his position on this issue. His background is clearly not in the practice of law.

Then tell me what is.

The critical issues are irreparable harm to the one seeking enforcement of the non-compete and the reasonableness of its terms.

[brwill2005]

I merely suggested the non-compete as a first step toward preventing an employee from taking your clients or leaving and starting up a business that competes against you. I understand that in a court of law things can go either way. The mere fact that someone signed a non-compete would make them think twice about doing these types of things. David- I respect your experience and opinion, however, you constantly challenge almost every point made by someone else. Others on here, including me, have both higher educations and real world business experience. Stop acting like you are the only one who possesses these attributes.